Tag: encroachment

The report tabled by the committee may not be implemented due to so many hurdles. One suit has already been admitted by the Courts and the hearing may begin soon.

Encroachers or the buyers of encroached property may not GET AWAY EASILY.

They have life long battle with the law.

The properties supposed to have been encroached the lakes and raja kaluve must FIGHT A LIFT LONG LEGAL BATTLE. Even, if the Government comes up with an ordinance or a law, will be challenged in the COURT.

SO, NO RESPITE OR RELIEF FOR ILLEGALITIES.

THE COURT MAY NOT DEFINITELY GIVE ANY RELIEF FOR THE ENCROACHERS.

The suggestions and recommendations may remain in the report and might not be acted upon.

K.B. Koliwad says figures were given by BBMP based on findings of an independent agency on buffer zone violations

Over 2.5 lakh residences, flats, commercial complexes and perhaps, even government offices will come under the scanner for ‘encroaching’ buffer zones around lakes and storm water drains (SWDs) in the city.

“Up to 1.14 lakh properties have encroached buffer zones around lakes while a further 1.34 lakh households have come up within the buffer zone of rajakaluves (SWDs),” said K.B. Koliwad, Chairperson of the Joint Committee on Tank Bed Encroachments, on Wednesday. The committee comprises elected representatives from both houses.

“BBMP (Bruhat Bangalore Mahanagara Palike) has given us these figures after they hired an independent agency to ascertain the extent of buffer zone violations. A combination of satellite images and revenue maps were used to tabulate encroachments. The method is ‘95 per cent accurate’ and it would take a platoon of surveyors to ensure total accuracy – something the committee did not have time for,” he said.

The 10-member committee is looking at properties that have encroached on the 30m buffer zone – that is, the ‘no-development zone’ – around lakes, and between 15m and 50m from the centre of drains, as specified under the Bangalore Development Authority’s Revised Master Plan 2015, which was enforced in 2007.

“We are going by the 2007 Act and not the recent National Green Tribunal order (which increases the buffer zone to 75m). There has not been any notification with regard to the new buffer zone,” said Mr. Koliwad.

The Confederation of Real Estate Developers’ Associations of India (CREDAI) claimed that no developer identified with CREDAI has encroached upon storm water drains (SWDs).

CREDAI members have now offered to remodel SWDs under the PPP model.

So the question arises that if none of their builders have encroached upon SWDs, why are they offering their services under corporate social responsibility, that too absolutely FREE?

CREDAI members from Bengaluru expressed worry over the crumbling of ‘Brand Bengaluru’ with the ongoing demolition and alleged allegations against prominent builders. But, it is well known fact that they are all businessmen, worried more about the income than Bangalore.

One builder (responsible)has denied allegations that the Mall has encroached an SWD and said that the Mall was developed on a property acquired in a public auction conducted in 2005, and it was built after plan approval from BBMP and NOCs from government agencies, including ministry of environment. BBMP issued occupancy certificate in the year 2012.

But, the truth is different altogether.

Acquiring through public auction does not mean that there is no ENCROACHMENT and does not give clean chit from illegalities and encroachments. The preceding seller or the owner of the property might have misrepresented the facts. Check the village map and the survey documents.

The Malleshwaram village, Jodi Ranganathapura Village, Vyalikaval Village and the surrounding areas were once watershed zones and there were massive size raja kaluve which are reduced to 5 feet to 15 feet.

The village maps and the survey maps do not lie.

The CREDAI has come up with a different line of argument stating that the High Court Of Karnataka has observed in one of its judgments (in the case of Sobha Developers) that the CDP Map is final.

It cannot be generalized and it is applicable only to the particular case.

The CDP had been challenged in the court many a times and there have been modifications to the approved CDP.

The New Game to hoodwink the buyers stating that they have all the clear titles and their properties are the VERY BEST IN THE WORLD and that is the reason why they have OBTAINED THE RELIEF OR STAY ORDER FROM THE COURTS.

Had the titles been perfect and there is no case on the SCHEDULE PROPERTY, why on earth, GO TO THE COURT AND OBTAIN A STAY ORDER?

If there is no illegality, irregularity, discrepancy and defect, how could anyone will institute the suits in the court? The courts, generally, DISMISS such cases.

Even, now, the same game will be played to fool the buyers. The litigations will continue for years, with an intent to prolong it as long as possible to dupe and fool the buyers.

SE (ASUBH) was very notorious for its illegality and irregularities. There is more to come in that area, as many have encroached the KALU DAARI AND BANDI DAARI. This encroachment had been noticed and complained to the authorities. Someday, they will wake up and reclaim this. There are A katha sites, still available in SE.

A or B or C or D or Z katha does not ensure clear title or safety or cannot escape demolition, if there is irregularity and illegality. With A katha, the lands cannot be encroached. By producing fake or fabricated documents, A katha can be obtained. It is always recommended to conduct a due and diligent enquiry before investing.

The DC Converted sites in Haraluru, Ambalipura, Kasavanahalli, Kaikondarahalli, Ejipura, Begur, Hulimavu, Nayyappanahalli, Horamavu, Doddagubbi, Sarjapura,Anekal, Attibele, Yamare, Gopasandra and surrounding areas will be seriously affected, if it is not properly surveyed and titles are perfected.

There are few sellers/developers/agents offering properties with DIFFERENT method under DIFFERENT mode to the buyers and the buyers are VERY HAPPY that they are buying the best property at THROWAWAY PRICE. It is not the mistake of the seller/developer, but the GREED of the buyers. They will pay penalty by the way of LOOSING THE PROPERTY.

THE CLEVER ARGUMENTS:

1). The BBMP has sanctioned the building plan.

The applicant submitted wrong details and obtained the plan.

2). The BBMP collected the Taxes.

You paid and they collected. Payment of taxes does not confer any right, title and interest.

3). BBMP issued A Katha.

By submitting wrong details or misrepresenting the facts, obtained the A katha, which in all likelihood STANDS CANCELLED.

4). BBMP never informed or intimated about the existence of Kaluve, Bandi Daari, Kaalu Daari etc.

BBMP, If noticed or found out about the encroachment, it will be notified officially. But, the clever sellers/builders/agents/local politicians/greedy buyers block such information. BBMP need not intimate it.

5). Government cannot come and demolish the house without issuing notice.

There is no need to issue any notice for the illegalities committed. Encroachments or unauthorised occupation or illegal possession, with fabricated or fake documents does not entitle the issue of any NOTICE. STRAIGHT DEMOLITION. This is what happened now. This will continue for sometime.

6). We have constructed the house with hard earned money.

Everybody constructs the house with hard earned money only. Only, very few get the lottery or bumper or free money.

7). The Banks have financed the construction and lent the home loan.

Borrowing money for the purchase of a property or for the construction does not entitle the owner to stop the demolition. Sanction of Bank Loan does not confer any right, title and interest.

FINALLY, THOSE WHO HAVE LOST THE PROPERTIES HAVE SOME RELIEF. CHECK WITH THE PROFESSIONALS WHO CAN PROVIDE LEGAL ASSISTANCE TO RECOVER, IF POSSIBLE,MONEY. (THIS IS VERY TRICKY AND VERY DIFFICULT, BUT THE LOOSER MUST TRY)

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